Agreed with you it is not about renewing your PR its about entry once they let you enter wait for the days and apply for PR renewal. Renewal of PR Card with 400 days will trigger the trouble.
Not meet residency obligation, should I renew PR card?
- Thread starter ty05
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To be clear: I do NOT and cannot offer "expert inputs" . . . I am no expert. And I would not trust any post here to be expert input.
I can offer some observations based on following RO enforcement issues:
It appears your chances of avoiding a decision that terminates your PR status are NOT good, and that your long term planning should at least include, if not focus on, either an appeal or applying for a PR visa in the family class sponsored by your spouse.
Of course that depends on whether your objective is, in fact, to come to Canada to stay, to settle and live here permanently. Not much point engaging in a lot of gymnastics to save PR status unless you really are planning to come here TO STAY.
Overall: There is a significant probability that your chances of having status to live in Canada permanently depend on your spouse being qualified to sponsor you for PR. It is quite likely that is your path to a life in Canada.
How it goes at the Port-of-Entry is NOT about "luck," except that some PRs in breach may benefit from a bit of luck and be waived through without encountering RO compliance enforcement. But what happens is mostly about the facts and how the rules are being enforced. Both these are rife with variables and contingencies, making it near impossible to predict what will happen even when the key elements are known. Some will say this uncertainty, and the resulting widely varying outcomes, means it is about "luck." No, it is more about the facts and how border officials are doing their jobs enforcing the rules.
Even though no one can reliably forecast what will actually happen, your facts suggest the odds are you will be issued a Removal Order at the border, upon your arrival, UNESS you are remarkably (unusually) lucky or you are able to make a persuasive H&C case (given your timeline, covid is a positive factor BUT it would likely take additional, significantly stronger H&C reasons, to save your status).
It appears to me that applying for a PR Travel Document is not a good candidate for you since the odds lean so heavily toward that being denied, and since you have been outside Canada for more than a year, it is unlikely you would be given a special PR TD to return to Canada pending an appeal. So you would end up having to get status to travel via the U.S. to return to Canada pending an appeal. Or, otherwise, remain abroad . . . which, frankly, would likely mean remaining abroad until the appeal is denied.
Thus, regardless the timeline for obtaining authorization to travel to the U.S., again the odds are (subject to an isolated stroke of luck) that too will nonetheless result in a decision terminating your PR status: being issued a Removal Order following adjudication of your status by a CBSA immigration officer and a second reviewing officer. Other than hoping for lightning to strike, getting lucky, the advantage of this is that you could proceed into Canada and stay pending an appeal. If you lose that appeal, you would have a thirty day window, before leaving, to make an inland PR visa application sponsored by your spouse. So you could stay pending the processing of the spouse sponsored inland PR visa application. Probably a good idea to obtain the assistance of a lawyer (not a consultant) who can help in the appeal and help prepare to make the transition to making the spouse sponsored inland PR visa application.
There are some alternatives, related to renouncing status or dropping an appeal, and making the spouse sponsored PR application. It is complicated enough that it is probably worth paying for a consultation with a qualified Canadian lawyer to help you decide the particular approach you will take. I have already drilled rather deep into this for a forum venue like this.
Probably. But actual probabilities will vary considerably from case to case. The ONLY for sure SAFE approach is to make a PR card application AFTER being in Canada long enough to be in RO compliance. That is, there is some risk of "trouble" if a PR makes a PR card application anytime they are NOT in compliance with the RO.
In particular, even if the PR has credit for 500 or 600 days IN Canada, there is a risk a PR card application triggers preparation of a 44(1) Report leading to loss of PR status. The scope of that risk will vary depending on other factors.
Suppose an individual has not met RO after soft landing decides to enter Canada towards the expiration date of the card and if not reported completes 730 or 750 days would he be eligible for renewal of the PR Card? The reason I am asking is RO is 2 out of every 5 years and in a case like this it would be 7 or 8 years after (even if the person was back in compliance) since the person became PR. Wouldn't the IRCC expect one to have around 4 years of residency by then?
RO compliance is based on a five year time period, which in turn is based on the date of calculation. Thus, the five year period for the RO calculation is either:
-- the first five year period, if the date of calculation (date of PoE entry or PR TD application or PR card application) is a day prior to the fifth year anniversary of the date of landing, or
-- the five year period immediately preceding the date of the calculation (again, that being the date of PoE entry or PR TD application or PR card application)
Thus, regardless of the PR's previous history, if the PR has been in Canada 730 or more days within the five years immediately preceding the date an application is made to replace an expired PR card, they are in compliance.
That's helpful. One more thing I wanted clarification I understand that a person in breach of the RO is still a PR till an appeal is rejected or he renounces the status. I have believe that till that period he can work, study and live and is entitled to any benefits. But to study for a program for example a masters what documents can one possibly provide the university with other than the PR card? A few have replied that the COPR would suffice and it depends on the school or university. But is there any hard evidence on what documents can be provided other than expired card?
For Ontario, my understanding/belief is that a relatively recently expired PR card will be sufficient - and that they really only check that once, around the time the first tuition payment is demanded (I don't mean deposit, but rather basically at start of studies).
This is from dealing with one case though and will repeat: you will have to check with the university/college.
Just ask them. There's no need to be cautious. Tell them you have a card but it expires soon and you don't know how long it takes to renew it.
This is from dealing with one case though and will repeat: you will have to check with the university/college.
Just ask them. There's no need to be cautious. Tell them you have a card but it expires soon and you don't know how long it takes to renew it.
Checked with UBC they don't seem to know. They mention if your PR status expires you should apply as an International student!
PR status doesn't expire, so the person you spoke to just doesn't know.
If you were reported, you can try to appeal. Since your wife and child are going to be citizen (and are PRs), if your PR status is revoked, she can apply to sponsor you after you lost your PR.
If you were not reported, you can "stay low" and wait till you meet your RO again and then apply for your PR card renewal.
If you have valid status and if your province do not require a valid PR card for application of healthcare (health card), then you would be OK. Otherwise, you will need private health insurnace for emergency coverage.
PR status does not expire, but can be revoked.
You can use your expired PR card to apply as domestic student along with a confirmation of application for updated PR dodocumentation.
How can I go about this now?
You can use your expired PR card to apply as domestic student along with a confirmation of application for updated PR dodocumentation.
How can I go about this now?
I suggest you actually look at the documentation required to apply to a university/college. And to the specific one. Get the forms. Start figuring it out.
Note, you may find that for purposes of applying, that you will have to look at many of the requirements for international students (assuming your previous education was not in Canada). And that some/many universities treat the question of 'domestic tuition' or not as effectively separate, i.e. a question to be settled with the office that collects tuition (whatever it is called). People who deal with admissions may simply not know what documentation is needed to pay tuition on a domestic basis.
Most of the universities need a document that I have applied for PR renewal to be considered as a domestic student or for the domestic tuition rates to apply. So this would not be possible (proof of PR renewal) if I was trying to meet the RO that hasn't been met.
That was not my experience, but I'm sure it depends on the university and province. You may have to do more research.